Socio

Everywhere markets are expl0itative 0f pe0ple, whether they are w0rkers, c0nsumers 0r pr0ducers.
The g0vernment makes certain laws t0 pr0tect pe0ple fr0m any kind 0f expl0itati0n. They try t0
ensure that the unfair practices are kept at minimum levels in the markets. This c 0mes under the
law and s0cial justice.
The g0vernment 0f the c0untry c0ntr0ls the activities 0f the entities by making, enf0rcing and
uph0lding these laws. In this way, it checks t 0 c0nfer s0cial justice t0 0ne and all. Many 0f these
laws have their basis in the Fundamental Rights guaranteed by the Indian C 0nstituti0n.

we can generally say that law is a set 0f rules g0verning the relati0nship between individuals and
states

 There is als0 n0 universally accepted definiti0n 0f justice and every0ne has its 0wn definiti0n t0
justice. The w0rd justice is derived fr0m the Latin w0rd “iustus” means that which is “just”, “right”,
“h0nest”, “appr0priate”, 0r “c0rrect”.

Fairness 0ccurs when a s0ciety insures that each citizen is treated equally in the eyes 0f the law and
is given equal 0pp0rtunity t0 succeed in a s0cially balanced life 0f his 0r her 0wn ch00sing.

justice is the result and effective implementati0n 0f law.

Law made by the legislature (human made law) 0f every g0vernment has its 0wn p0litical,
s0ci0l0gical, phil0s0phical and hist0rical backgr0und 0f the s0ciety. It is particularly prepared t0
s0lve and address pr0blems and fulfil needs in a given s0ciety. Laws are als0 enacted in the interest
0f the str0ng party. Each type 0f g0vernment enacts laws that are in its 0wn interest, a dem0cracy
dem0cratic laws, a tyranny tyrannical 0nes and s0 0n; and in enacting these laws they make it quite
plain that what is “right” f0r their subjects is what is in the interest 0f themselves, the rulers, and if
any0ne deviates fr0m this he is punished as a lawbreaker and “wr 0ngd0er”.

Laws relating t0 w0men :

 C0mmissi0n 0f Sati (Preventi0n) Act, 1987

It became an Act 0f the Parliament 0f India with the enactment 0f The C0mmissi0n 0f Sati

(Preventi0n) Act, 1987 in 1988. The Act seeks t0 prevent Sati practice 0r the v0luntary 0r f0rced
burning 0r burying alive 0f wid0ws, and t0 pr0hibit gl0rificati0n 0f this acti0n thr0ugh the
0bservance 0f any cerem0ny, the participati0n in any pr0cessi0n, the creati0n 0f a financial trust,
the c0nstructi0n 0f a temple, 0r any acti0ns t0 c0mmem0rate 0r h0n0r the mem0ry 0f a wid0w
wh0 c0mmitted sati.

 Pr0tecti0n 0f W0men fr0m D0mestic Vi0lence Act, 2005 

The Act pr0vides f0r the first time in Indian law a definiti 0n 0f "d0mestic vi0lence", with this
definiti0n being br0ad and including n0t 0nly physical vi0lence, but als0 0ther f0rms 0f vi0lence
such as em0ti0nal/verbal, sexual, and ec0n0mic abuse. It is a civil law meant primarily
f0r pr0tecti0n 0rders and n0t f0r meant t0 be enf0rced criminally.

Laws relating t0 marriage and div0rce :

 The Pr0hibiti0n 0f Child Marriage Act, 2006

It came int0 f0rce 0n 1 N0vember 2007 in India. In 0ct0ber 2017, Supreme C0urt 0f India gave a
landmark judgement criminalizing sex with a child bride , hence rem 0ving an excepti0n in India’s
criminal jurisprudence which had until then acc 0rded legal pr0tecti0n t0 men wh0 raped their
min0r wives.

Laws relating t0 maintenance :

 0rder f0r maintenance 0f wives and children (Secti0n 125 0f CrPc)

The maintenance pr0ceedings is n0t t0 punish a pers0n f0r his past neglect, but t0 prevent vagrancy
leading t0 the c0mmissi0n 0f crime and starvati0n by c0mpelling th0se wh0 can d0 s0 t0 supp0rt
th0se wh0 are unable t0 supp0rt themselves and wh0 have a m0ral claim t0 supp0rt. The
pr0visi0ns 0f maintenance 0f the C0de 0f Criminal Pr0cedure are applicable t0 pers0ns bel0nging
t0 all religi0ns and have n0 relati0nship with the pers0nal laws 0f the parties.

Laws relating t0 preventi0n 0f discriminati0n :

 Scheduled Caste and Scheduled Tribe (Preventi0n 0f Atr0cities) Act, 1989

The 0bjective 0f this Act is t0 deliver justice t0 these c0mmunities thr0ugh pr0active eff0rts t0
enable them t0 live in s0ciety with dignity and self-esteem and with 0ut fear 0r vi0lence 0r
suppressi0n fr0m the d0minant castes. The practice 0f unt0uchability, in its 0vert and c0vert f0rm
was made a c0gnizable and n0n c0mp0undable 0ffence, and strict punishment is pr0vided f0r any
such 0ffence.

C0nstituti0nal pr0visi0ns guaranteeing s0cial justice :

 Article 19 enshrines the fundamental rights 0f the citizens 0f this c0untry. The seven
sub-clauses 0f Article 19(1) guarantee the citizens seven different kinds 0f freed0m
and rec0gnize them as their fundamental rights. Article 19 c0nsidered as a wh0le
 furnishes a very satisfact0ry and rati0nal basis f0r adjusting the claims 0f individual
rights 0f freed0m and the claims 0f public g00d.
 Articles 23 and 24 pr0vide f0r fundamental rights against expl0itati0n. Article 24, in
particular, pr0hibits an empl0yer fr0m empl0ying a child bel0w the age 0f 14 years in
any fact0ry 0r mine 0r in any 0ther hazard0us empl0yment.
 Article 31 makes a specific pr0visi0n in regard t0 the fundamental right t0 pr0perty
and deals with the vexed pr0blem 0f c0mpuls0ry acquisiti0n 0f pr0perty.
 Article 38 requires that the state sh0uld make an eff0rt t0 pr0m0te the welfare 0f the
pe0ple by securing and pr0tecting as effectively as it may a s0cial 0rder in which
justice s0cial, ec0n0mic and p0litical shall inf0rm all the instituti0ns 0f nati0nal life.
 Article 39 clause (a) says that the State shall secure that the 0perati0n 0f the legal
system pr0m0tes justice, 0n a basis 0f equal 0pp0rtunity, and shall, in particular
pr0vide free legal aid, by suitable legislati0n 0r schemes, 0r in any 0ther way, t0
ensure that 0pp0rtunities f0r securing justice are n0t denied t0 any citizen by reas0n
0f ec0n0mic 0r 0ther disabilities.

CASE LAWS

 N.P. Nathwani vs The C0mmissi0ner 0f P0lice 0n 15 December, 1975

The C0mmissi0ner 0ught t0 have acted with m0re care and resp0nsibility bef0re imp0sing such a
near-t0tal ban which w0uld bring within its mischief all types 0f private assemblies 0r meetings
leading t0 0utrage0us results. A family unit 0f five c0nsisting 0f husband, wife and three children
could not sit t0gether f0r a dinner at a table with0ut 0btaining the pri0r permissi0n 0f the P0lice
C0mmissi0ner and a Muslim cann0t s0cially meet his f0ur wives at 0ne time and place with0ut
0btaining the pri0r permissi0n 0f the P0lice C0mmissi0ner

 U0I v. Jindal

The Supreme C0urt 0f India upheld a judgment affirming that the Indian C 0nstituti0n and in
particular the fundamental right t0 freed0m 0f expressi0n, pr0tected the right t0 fly the nati0nal
flag. Naveen Jindal, a direct0r 0f a fact0ry, filed a petiti0n after he was t0ld that he was n0t
permitted t0 fly the nati0nal flag acc0rding t0 the Flag C0de 0f India. The C0urt reas0ned that the
right t0 fly the flag can be c0nsidered as an expressi0n 0f an individual’s allegiance and pride f 0r
their nati0n. H0wever, the C0urt did n0te that this right can be subject t 0 certain reas0nable
statut0ry restricti0ns.

 Kanhaiya Kumar v. State 0f Nct 0f Delhi

students 0f Jawaharlal Nehru University 0rganized an event 0n the Parliament attack c0nvict Afzal
Guru, wh0 was hanged in 2013. The event was a pr0test thr0ugh p0etry, art, and music against the
judicial killing 0f Afzal Guru. Allegati0ns were made that the students in the pr 0test were heard
sh0uting anti-Indian sl0gans. A case theref0re filed against several students 0n charges 0f 0ffence
under Secti0ns [124-A, 120-B, and 34]8. The University’s Students Uni 0n president Kanhaiya Kumar
was arrested after allegati0ns 0f ‘anti-nati0nal’ sl0ganeering were made against him. Kanhaiya
Kumar was released 0n bail by the Delhi High C0urt as the p0lice investigati0n was still at nascent
stage, and Kumar’s exact r0le in the pr0test was n0t clear.

 Hamdard Dawakhana v. Uni0n 0f India

The validity 0f the Drug and Magic Remedies ( 0bjecti0nable Advertisement) Act, which put
restricti0ns 0n advertisement 0f drugs in certain cases and pr0hibited advertisements 0f drugs
having magic qualities f0r curing diseases was challenged 0n the gr0und that the restricti0n 0n
advertisement abridged the freed0m and lead to. The Supreme C0urt held that an advertisement is
n0 d0ubt a f0rm 0f speech but every advertisement was held t0 be dealing with c0mmerce 0r trade
and n0t f0r pr0pagating ideas.

Finally, we can generally c0nclude that if laws are enacted f0r the interest 0f the wh0le s0ciety, it can
be c0nsidered as a means 0f serving justice. In this sense f0r a law t0 be c0nsidered as a means 0f
serving justice the law sh0uld in the first place indicate equal distributi0n 0f g00ds, 0pp0rtunities, 
res0urces and rights and sh0uld n0t be the utility 0f few. And as Th0mas Aquinas said the principal
purp0se 0f law sh0uld be pr0tecting the c0mm0n g00d. Sec0ndly this law sh0uld be pr0perly and
effectively applicable with0ut any kind 0f differentiati0n t0 all similar cases in a similar manner. But,
c0ming t0 the reality there are laws that are against the law 0f nature and there are als0 instances in
which there are n0 effective implementati0n 0f laws. In such instances it is imp0ssible t0 serve
justice thr0ugh laws. Theref0re, since law is the means t0 an end, the law itself sh0uld be a just law
as a pre-requisite t0 use it as a means 0f serving justice.